[Cites 5, Cited by 0]
Bombay High Court
M/S. Kanoria Securities And Financial ... vs M/S. Earnest Healthcare Ltd And Anr on 1 April, 2026
Author: R.N.Laddha
Bench: R.N.Laddha
Digitally signed
by CHITRA
2026:BHC-AS:15406 CHITRA SANJAY
SONAWANE
SANJAY Date:
SONAWANE 2026.04.01
16:34:08
+0530
Chitra Sonawane 7-A-627-2006.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
Criminal Appeal No.627 of 2006
M/s Kanoria Securities & Financial
Services Ltd
Having its office at Air India Bldg
14 Floor, Nariman Point,
Mumbai- 400 021 ... Appellant.
Vs.
1. M/s Earnest Healthcare Ltd
Earnest House, 10 Floor, 194
Nariman Point, Mumbai-400021.
2. Mr Ignatius John,
Managing Director of Earnest
Healthcare Ltd,
3. The State of Maharashtra ....Respondents.
---
Mr Subodh Desai, Sr Advocate for the appellant.
Ms MR Tidke, APP for the respondent / State.
---
Coram : R.N.Laddha, J.
Date : 1 April 2026.
P.C. :
The present criminal appeal arises from the judgment
and order dated 5 December 2005, passed by the learned
____________________________________________
1 April 2026
Chitra Sonawane 7-A-627-2006.doc
Metropolitan Magistrate, 14th Court, Girgaon, Mumbai, in
CC No1205/12-6/SS/05 (Old CC No.1137/S/98 and
1138/S/1998), whereby respondents No.1 and 2 herein
were acquitted of the offence punishable under Section 138
of the Negotiable Instruments Act, 1881.
2. The learned Senior Counsel appearing on behalf of the
appellant has placed reliance on the judgment of the
Hon'ble Supreme Court in Celestium Financial v. A.
Gnanasekaran, 2025 SCC OnLine SC 1320, to submit that a
victim of an offence, including a complainant under Section
138 of the Negotiable Instruments Act, is vested with a
statutory right to prefer an appeal against an order of
acquittal under the proviso to Section 372 of the Code of
Criminal Procedure, 1973. It is further urged that in order
to safeguard the appellant's right to avail of the proper
forum for such statutory remedy, transfer of the present
appeal is warranted. Reliance is also placed on the decisions
in Kotak Mahindra Finance Ltd Vs Nobiletto Finlease and
Investments, Criminal Appeal No.645 of 2006 dated 31
October 2025, Delhi High Court; Pooja Trading Compnay
v/s Harishchandra Manjrekar, Criminal Appeal No.1016 of
2006 daed 13 October 2025, Bombay High Court;
____________________________________________
1 April 2026
Chitra Sonawane 7-A-627-2006.doc
Shivputra Arwat vs Sangappa Bhasgikar, Criminal Appeal
No.1051 of 2008 dated 8 October 2025, Bombay High
Court; Salimshah Haji Shakrushan vs Syd Javdali Syd
Anwarali, Criminal Appeal No.167 of 2006 dated 15
October 2025, Bombay High Court at Aurangabad; Pankaj
Mehta vs Vishal Hundar, 2026 SCC OnLine MP 800; Sunil
Kumar vs Daljit Kaur, 2025:PHHC:092344; and Raj Kumar
vs Rajender, 2025:PHHC:079740 to submit that no legal
impediment exists in directing transfer of the appeal to the
Court of Sessions, which is the competent forum.
3. Having considered the submissions advanced, this
Court is deems it appropriate to transfer the present appeal
to the Sessions Court having jurisdiction.
4. Accordingly, the Registrar (Judicial) is directed to
forthwith transmit the entire record and proceedings of the
appeal to the concerned Sessions Court. Upon receipt, the
learned Sessions Court shall register the appeal and proceed
to adjudicate the same on its own merits and in accordance
with law. In view of the protracted pendency of the matter,
the learned Sessions Judge is requested to make earnest
endeavour to dispose of the appeal expeditiously.
____________________________________________
1 April 2026
Chitra Sonawane 7-A-627-2006.doc
5. The appeal is accordingly disposed of in the above
terms.
[R. N. Laddha, J.]
____________________________________________
1 April 2026
